07 - Laserfiche WebLink

ATTACHMENT 1 USF AGREEMENT THIS USE AGREEMENT, made this day of 2018, by and between the CITY OF PLEASANTON, a municipal corporation of the State of California (referred to as City), and the PLEASANI'ON DOWNTOWN ASSOCIATION (referred to as PDA). RECITALS A. PDA is a nonprofit organization organized to provide services to promote and support Downtown Pleasanton. B. PDA has been leasing office space in Downtown Pleasanton at a market lease rate but desires to be located in space that is central in Downtown Pleasanton. C. City desires to provide use of the City owned building at 333 Division Street to PDA and PDA desires to use the building as memorialized in this Agreement. IN CONSIDERATION of mutual covenants contained herein, the parties agree as follows: 1. Subiect of Agreement. City allows PDA to use the City owned building located at 333 Division Street, Pleasanton (referred to as Property) for the purposes contained herein. 2. Term. This Agreement shall be effective on December 1, 2018 and shall renew annually at the beginning of each calendar year, except as otherwise provided in this Agreement. 3. Lease. PDA covenants and agrees to pay City as rent each month the sum of NINE HUNDRED SEVENTY FOUR AND NO/IOOTHS DOLLAR ($974.00), which is $1.00 per square foot of rentable building area, beginning with the fourth month of occupancy on March 1, 2019. In 2020, and each calendar year thereafter, the monthly rate will be adjusted by the annual Consumer Price Index for the preceding year. If the annual Consumer Price Index does not increase, the monthly rate will remain in effect. 4. Purposes. The building shall be used exclusively for the purpose of providing space for PDA's regular activities related to promoting and supporting Downtown Pleasanton. PDA shall not commit, suffer or permit any waste or nuisance on the Property. PDA shall not use store or dispose of any hazardous materials on the Property. 5. Repairs and Maintenance. The Property is in an "as is" condition and PDA agrees to assume the risk of any structural or other deficiencies which may exist. PDA shall keep the building in good repair during the term of this Agreement at PDA's own expense, and upon termination of this Agreement shall return the building to City in good condition and repair (ordinary wear excepted). City shall maintain the grounds, building roof and exterior walls,